Humphreys v. State of California

SCHOTTKY, J. Richard Humphreys and Agnes Humphreys have appealed from an adverse judgment entered after the demurrers of Butte County and Marshall Jones, the director of public works of the county, to their first amended complaint for damages to property were sustained without leave to amend.

The Humphreys brought an action against the State of California and others, including respondents herein, to recover damages for alleged injuries to certain premises owned by them which were damaged when their land was inundated during the 1955 flood. The Humphreys sought recovery on the theories of inverse condemnation; dangerous and defective condition of public property; nuisance; ordinary negligence; and absolute liability based on an ultrahazardous activity. Their complaint alleged that United States Highway 99-E was constructed in such a manner as to block the normal drainage and flow of waters across the property of plaintiffs and interrupted the natural drainage of plaintiffs’ property and failed to provide adequate substitute drainage across said highway; that the defendants levelled the “Chico Fairgrounds” so as to block the normal and natural drains, causing the normal and natural drainage from the fairgrounds to be diverted over and upon plaintiffs’ property; and that the natural drainage of a watershed above plaintiffs’ property was changed so as to create a settling basin or sump over plaintiffs’ land.

The complaint alleged that on March 14, 1956, within 90 days of the date of damage the plaintiffs sent verified claims in proper form to the sheriff of Butte County with a letter which read:

[478]“Enclosed please find four original Claims in the above matter, which we ask that you serve upon the following:

“1.............

“2. Marshall Jones.

“3. Two upon the County of Butte.

“After service has been effected, please make your return and forward to us, together with your bill for services, which we will promptly pay.

“Please make this service on the named parties before Friday, March 16, as there is a deadline involved. Thank you. ’ ’ The complaint alleged further that thereafter the sheriff made a return of service in which he recited that he had served two copies of the claim on the county of Butte; that the sheriff had served the chairman of the board of supervisors of the county; that plaintiffs did not learn of this error for several months. Thereafter an amended claim was served, and after it was rejected this action was instituted.